PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 October 2003
         DOCKET NUMBER: AR2003088885


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Robert J. Osborn		Member
Ms. Eloise C. Prendergast		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that the Purple Heart be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

3. The applicant states, in effect, that he was awarded the Purple Heart but it is not listed on his DD Form 214. To support his application, the applicant submitted a copy of his DD Form 214, a copy of the certificate awarding him the Purple Heart, and a copy of the medical record that documents the treatment he received after being wounded.

4. The applicant’s military records show that he was inducted into the Army of the United States on 26 September 1968. He received his basic combat training at Fort Bragg, North Carolina, and his advanced individual training at Fort Polk, Louisiana. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman.

5. The applicant was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar by Special Orders Number 029, paragraph 214 published by Headquarters, US Army Training Center, Infantry; Fort Polk, Louisiana; dated 3 February 1969. This badge is not shown in Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

6. The applicant was assigned to the Republic of Vietnam on 6 March 1969. He was assigned to Company C, 1st Battalion, 61st Infantry Regiment, 5th Infantry Division. He remained in this unit until he was returned to the United States and assigned to Fort Carson, Colorado.

7. While in the Republic of Vietnam, the applicant participated in the following three campaigns: the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969;and the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970. The applicant was authorized issuance of the Vietnam Service Medal with three bronze service stars as indicated in paragraph 11 below.

8. The applicant's name appears on the Vietnam Casualty List and was listed as, "Hostile Wounded in Action."

9. Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, has the entry, "FW (fragmentation wound) R/jaw (right jaw) / 21 June 1969." There is no entry in Item 41 (Awards and Decorations), of the

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DA Form 20, showing that the applicant was awarded the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart.

10. There is documentary evidence in the applicant's service personnel records that show he was treated for shrapnel wounds to the right cheek with a large hematoma on 21 June 1969 at the 3rd Medical Battalion, 3rd Marine Division.

11. On 6 March 1985, The US Army Reserve Components Personnel Administration Center prepared a DA Form 1577, Authorization for Issuance of Awards. In the DA Form 1577, the applicant was authorized issuance of the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12. On 9 January 1986, The US Army Reserve Personnel Center prepared a DA Form 1577 and authorized issuance of a Purple Heart to the applicant.

13. On 26 February 2002, the National Personnel Records Center, prepared a DA Form 1577 and authorized issuance of the Good Conduct Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Armed Forces Expeditionary Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) to the applicant.

14. Army Regulation 600-8-22, provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. Paragraph 2-13d specifically provides that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, a unit personnel officer may award the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual. No person will be entitled to both awards for Vietnam Service.

15. The applicant provided a copy of the citation that was prepared on 13 September 1985 awarding him the Purple Heart, for wounds received in action in the Republic of Vietnam on 23 June 1969. The applicant provided no orders announcing this award.

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16. There are no orders awarding the applicant the Good Conduct Medal. The applicant's conduct and efficiency ratings throughout the period of his military service were "excellent." There is no record of the applicant having been the recipient of nonjudicial punishment while he was in the service. There is no entry in Item 41 of the applicant's DA Form 20 to indicate that he was awarded the Good Conduct Medal. Authorization for issuance of the Good Conduct Medal was made in DA Form 1577 dated 26 February 2002.

17. The applicant was honorably released from active duty on 25 September 1970 in the rank and pay grade, Specialist Four, E-4. On his release from active duty, he had a total of 2 years active Federal service with no lost time. The applicant's DD Form 214, in Block 24, shows that he was awarded the following: National Defense Service Medal; Combat Infantryman Badge; Vietnam Service Medal; and the Republic of Vietnam Campaign Medal w/60 Device. The Purple Heart is not shown because it was awarded nearly 12 years after he was released from active duty.

18. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by unit serving in Vietnam. This document shows that the unit the applicant served with, Company C, 1st Battalion, 61st Infantry, was awarded the Valorous Unit Award for the period 11 through 15 November 1969 by Department of the Army General
Order 52, dated 1974.

CONCLUSIONS:

1. The evidence of records shows that the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 23 June 1969.

2. The applicant was awarded the Vietnam Service Medal and it was annotated to his DD Form 214 upon his release from active duty. The applicant is not entitled to award of both the Armed Forces Expeditionary Service Medal and the Vietnam Service Medal for the same tour of duty in Vietnam.

3. The applicant is authorized to have the following awards, in addition to those already shown in Block 24 of his DD Form 214, added to his separation document based on the preparation and distribution to him of the various DA Forms 1577 which are in his service personnel records: the Bronze Star Medal, the Purple Heart, the Army Commendation Medal, the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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4. The applicant was present and participated in three campaigns during his tour of duty in the Republic of Vietnam; therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have them shown as indicated in the paragraph above.

5. The applicant served with the Company C, 1st Battalion, 61st Infantry, during the period it was cited for award of the Valorous Unit Award. The applicant's DD Form 214 does not show this award as an authorized award because it was awarded to his unit after he had been released from active duty. It would be appropriate to add this unit award to his DD Form 214 at this time.

6. The applicant's service was such that orders should be published at this time to support the issuance of the Good Conduct Medal that was authorized on 26 February 2002.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.


RECOMMENDATION:

That all Department of the Army records related to this case be corrected by:

         a. preparing orders to support the award of the Purple Heart to the applicant to coincide with information on the citation he provided in support of his application;

         b. preparing orders to support the authority for issuance of the Good Conduct Medal authorized in DA Form 1577, dated 26 February 2002 to the applicant;

c. awarding the applicant the Valorous Unit Award; and three bronze service stars to be worn on his already awarded Vietnam Service Medal; and

         d. preparing one DD Form 215 to show, in consolidated form, all the awards to which the applicant is entitled as follows: the Bronze Star Medal, the Purple Heart; the Army Commendation Medal; the Vietnam Service Medal with three bronze service stars; the Republic of Vietnam Campaign Medal; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award; the Combat Infantryman Badge; the Expert Marksmanship Qualification

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Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

BOARD VOTE:

___rjo __ ___ecp__ ___rvo __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor, Jr._
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088885
SUFFIX
RECON
DATE BOARDED	2003/10/09
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.